- Incurred actual losses as a result of a registered contractor's work performed in a poor or unworkmanlike manner,
- Obtained a court judgment or arbitration award against the contractor. Note: in cases of arbitration, the arbitration award will have to be converted into a court judgment.
- Exhausted reasonable legal remedies in the effort to collect the amount of the judgment, and
- Submitted Claim Application to the Office of Consumer Affairs no later than six months after the initial court judgment date or arbitration award date (whichever was obtained first).
You must complete the Claim Application, using these Instructions as your guide. Be certain to include all the documentation required by the Section 9 Checklist. Failure to complete your claim fully and legibly could result in denial or delay of your claim. You must submit your claim application within six months of your arbitration award or court judgment date. Claims filed after six months of the initial arbitration award date or court judgment date will not be accepted.
Make a copy of your entire claim, including all supporting documentation, for your personal records. Mail the original, notarized Claim Application together with a copy of supporting documentation listed in the Section 8 Claim Checklist to:
Guaranty Fund Administrator
Office of Consumer Affairs and Business Regulation
10 Park Plaza, Room 5170
Boston, MA 02116
If you have questions about the filing of this claim, you should contact the Office of Consumer Affairs and Business Regulation for more information:
Guaranty Fund Program Coordinator
This kit contains:
- Application Instructions
- Claim Application
- Actual Loss Worksheet
- Consumer Guide to the Home Improvement Program
- Massachusetts General Law, Chapter 142A
- State Regulations 201 CMR 14.00
Section 1 - Applicant Information
List the requested information for the homeowner or authorized tenant filing the claim.
Section 2 - Agent Information
Complete this section only if someone other than yourself is representing you in this action.
Section 3 - Qualification List
Circle yes or no to each question.
Section 4 - Contractor Information
Complete this information about the contractor against whom you are bringing this claim. Contact the Office of Consumer Affairs to obtain the contractor's registration information at (617-973-8700). The contractor must have been registered on the date the contract was signed.
Section 5 - Contract Information
A. Fill in the latest date that appears next to either party's signature on the contract.
- Fill in the total price that you agreed to pay for the contracted work. It should include all down payments; payments made for advance purchase of materials, financing, staggered payments final payments, etc.
- Fill in the total amount you paid to the contractor.
- Provide information about the residence for which the contract was obtained.
- Circle the applicable answers about the building permit for the contracted work in dispute.
Section 6 - Award/Judgment Information
Check all issues that apply to your case and provide a written explanation of your complaint.
Section 7 - Requested Relief
This section pertains to the amount a homeowner may receive from the Guaranty Fund.
- Enter the amount you are requesting from the Guaranty Fund, up to $10,000.
- List the contract work that requires completion as well as the work that must be repaired. For each item, you must indicate whether the item is defective or incomplete by circling the appropriate description. You must also list an estimated monetary value of the defective or incomplete work.
- In this section, you may list additional expenses you are claiming. These expenses may include items that were not part of the original contract, but which were damaged as a result of the contractor's poor workmanship or negligence.
- Provide an estimate of the value of the work properly done and materials provided by the contractor. Usually, but not always, even substandard work has some value. For example, demolition of existing structures has value, as does material as provided by a contractor who has abandoned the job. You may be able to obtain this estimate from the contractor who will finish or correct the job.
- Detail the amounts you have paid under the terms of the contract. Indicate the purpose for which they were made (e.g. materials, 2 nd installment).
Section 8 - Subrogation Agreement
This section describes the rights of the state in making a Guaranty Fund payment to you and your obligations in receiving the payment. The state reserves the right to recover the payment from you if you receive payment from another source, and to request your participation in public hearings or other activities relating to efforts to recover the fund payment or suspend or revoke the contractor's registration. Your signature at the bottom of the section evidences your agreement to these terms.
Section 9 - Checklist
This section is designed to assist you in submitting all of the required documentation that supports your Guaranty Fund claim. Please check all the items that accompany your application. Please be aware that even if you do not have all the required documentation, you must submit your Guaranty Fund application within six months of the date your arbitration award or court judgment was issued.
Section 10 - Notarized Affidavit
This section contains your statement, signed under pains and penalties of perjury, that all information contained in the application is true to the best of your knowledge, and that you have read and understand the filing requirements.